had not visited the village Joitali, even though he was aware that a case of murder was
registered against the police personnel in respect of the main action which took place
in that village.The tact of Shri Santash Kumar's death in police custody was not disputed.
It was the responsibility of the distrlct Supdt., of Police to get the mandatory Magisterial
inquiry conducted in respect of the incident. The blame for no such inquiry having
been held rested primarily with him. The conduct of Shri R.S. Bhati revealed a number
of professional lapses compounded by a certain degree of callousness.
The Comdssion, thus convinced of the serious violation of human rights of the
deceased, Shri Santosh Kumar, and also of the rights of his relatives, made the following
recommendations:
a)
The Commission feels that the case of murder registered against the police
personnel of Purnea at PS Bihariganj of Madhepura district is a fit case for transfer
to the CBI. The other false case of a police encounter registered at PS Barhara
(FIR case Crime No. 130198 dated 12 December 1998) has also to be covered
by the same investigation team.
b)
The Commission further recommends that the Government should immediately
consihr placing SI Mukhlal Paswan, who is the main accused in the murder
case, under suspension pending the final outcome of the case of murder of Shri
Santosh Kumar Singh. He should also be moved out from district Purnea and
Madhepura.
c)
~ h rR.S.
i Bhati, Supdt, of Police, Purnea about whom there are serious suspicions
of connivance in the cover-up of the murder of Santosh Kumar, should immediately
be transferred away from Purnea in the interest of a prompt and impartial
investigation by the CBI.
d)
The deceased, Santosh Kumar, was supporting the entire family. He has left
behind his young widow and a small child. The Commission recommends that an
immediate interim relief of Rs.5.00 lakhs should be given to the widow without
prejudice to her other rights at law.
Allegsd abduction and kllllng of s Journaltst, Shtl Avtar Slngh Mander: Punlab.
(Care No. 172&3-MHRC)
In two complaints, one tiled by the International PEN Writers in Prison committee and
the other filed by the General Manager of the daily 'Ajit' (Punjab), Jallandhar, it was alleged
that on 23 September 1992 at about 06.30 - 07.00 PM, Shri Avtar Singh Mander was forcibly